Harry Franklin Phillips

Case name

Harry Franklin Phillips

Status

Phillips was resentenced to death on 04/20/94, after an earlier death sentence imposed on 02/01/84. The Florida Supreme Court affirmed the conviction and sentence on 08/30/85. A death warrant was signed by Governor Martinez and execution was scheduled for 12/10/87. After habeas corpus and collateral proceedings, the death sentence was vacated and remanded for resentencing, and the trial court again imposed a death sentence. The Florida Supreme Court affirmed the resentencing on 09/25/97. Later petitions and motions were denied, and further proceedings addressed a mental retardation claim, which was denied by the Circuit Court on 05/05/06; Phillips’ appeal was pending and a 3.203 appeal filed on 06/12/06 was also pending.

Background

Phillips had unauthorized contact with a probation officer and was advised to stay away from probation officers and the parole building unless making an authorized visit. Two years prior to the murder, Svenson and Phillips had encounters regarding Phillips’ unauthorized contact, and after one incident Phillips’ parole was revoked and he was returned to prison for approximately twenty months.

The offence

During the evening of 08/31/82, several rounds of gunfire were heard in the vicinity of the Parole and Probation building in Miami. The body of parole supervisor Bjorn Svenson was found in the parking lot, the victim of multiple gunshot wounds.

Forensic evidence demonstrated that Svenson was shot twice in the chest and fled a short distance before being killed by repeated shots in the head and back.

Svenson was the supervisor of several probation officers who were in charge of Phillips’ parole. On 08/24/82, several rounds of gunfire were shot through the front window of a home occupied by two probation officers who had testified against Phillips.

Following Svenson’s murder, Phillips was incarcerated for parole violations. Several inmates testified that Phillips told them that he had killed a parole officer.

Investigation

Forensic evidence showed that Svenson was shot twice in the chest, fled a short distance, and was then killed by repeated shots in the head and back.

Trial

Charges and indictment

On 01/04/83, Phillips was indicted as follows:

• Count I: First-Degree Murder

Verdict and sentencing recommendation

On 12/16/83, the jury returned guilty verdicts on all counts of the indictment and recommended death by a vote of 7-5.

Sentencing

On 02/01/84, Phillips was sentenced as follows:

• Count I: First-Degree Murder — Death

The jury recommended a death sentence by a vote of 7-5.

Sentencing

On 04/20/94, Phillips was resentenced to death.

Appeals

Direct appeal (initial conviction and sentence)

Phillips filed a Direct Appeal to the Florida Supreme Court on 02/16/84, citing:

• error in allowing testimony concerning a collateral crime
• error in allowing testimony of a prosecution witness
• error in refusing to allow certain jury instructions
• challenging the finding of two aggravating circumstances in the penalty phase of the trial:
  • the murder was especially heinous, atrocious, or cruel
  • was committed in a cold, calculated and premeditated manner

The Court affirmed the conviction and sentence on 08/30/85.

Habeas corpus

Phillips filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 11/04/87, arguing that comments from the prosecutor and judge to the jury that their role in the sentencing proceeding was only advisory diminished the jury’s sense of responsibility for its actions. The Court denied the petition on 11/19/87.

3.850 proceedings (Circuit Court and appeal)

Phillips filed a 3.850 Motion to the Circuit Court on 11/04/87. The court granted a stay of execution so that an evidentiary hearing could be held. The hearing was held on 09/15/88. The trial court denied the motion on 02/13/89.

Phillips filed a 3.850 Appeal to the Florida Supreme Court on 02/27/90, citing:

• the inmate testimony presented at trial was obtained by promises of the state to reduce the inmate’s sentence and provide monetary payments
• witnesses lied on the stand and the state failed to correct the false testimony
• jailhouse informants were used to elicit testimony from Phillips after he asserted his right to counsel
• ineffective assistance of counsel at the guilt phase of trial
• ineffective assistance of counsel at the penalty phase of trial due to failure to raise sufficient mitigating circumstance evidence

The Court reversed the denial of the 3.850 motion by the trial court, vacated the death sentence, and remanded for resentencing.

United States Supreme Court certiorari (after remand)

Phillips filed a Petition for Writ of Certiorari to the United States Supreme Court on 03/24/93, which was denied on 06/21/93.

Direct appeal (resentencing)

Phillips filed a Direct Appeal for resentencing to the Florida Supreme Court on 05/19/94, citing:

• the resentencing did not follow the Court’s opinions
• the trial court mishandled the jury and improperly influenced the jury to return a death sentence
• improper definition of an aggravating circumstance
• the state improperly used Phillips’ prior bad acts as the focus of the resentencing
• the trial court improperly allowed the state to strike an African-American juror
• the cold, calculated and premeditated aggravating circumstance was too broad

The Court affirmed the trial court’s sentence on 09/25/97.

United States Supreme Court certiorari (after resentencing)

Phillips filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/23/98, which was denied on 10/05/98.

Additional 3.850 motions and appeals

Phillips filed a 3.850 Motion to the Circuit Court on 12/02/99, which was denied on 09/26/00.

Phillips filed a 3.850 Appeal to the Florida Supreme Court on 10/30/00, which was affirmed on 10/14/04.

Phillips filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 07/20/01, which was denied on 10/14/04.

On 10/28/04, Phillips filed a motion for a rehearing, which was denied on 01/27/05. A mandate was issued on 02/14/05.

3.850 motion regarding mental retardation claim and related proceedings

On 09/23/04, Phillips filed a 3.850 Motion to the Circuit Court. The State’s response was a motion to dismiss, which was granted on 10/14/04. The rehearing was denied on 12/23/04.

On 12/21/04, Phillips filed a 3.850 Appeal to the Florida Supreme Court.

On 05/27/05, Phillips’s case was relinquished to the Circuit Court to determine mental retardation, where he raised the claim of mental retardation. The evidentiary hearing was held on 02/12/06. The Circuit Court denied the mental retardation claim on 05/05/06. Phillips’ appeal is currently pending.

On 06/12/06, Phillips filed a 3.203 Appeal to the Florida Supreme Court, which is also pending.

Outcome

Phillips was convicted of First-Degree Murder and was sentenced to death on 02/01/84. The death sentence was vacated following a 3.850 appeal and remand for resentencing. Phillips was resentenced to death on 04/20/94. The Florida Supreme Court affirmed the resentencing death sentence on 09/25/97. The case later continued with further collateral proceedings addressing a mental retardation claim, which was denied on 05/05/06 by the Circuit Court, and Phillips’ appeal and a 3.203 appeal remained pending.

Timeline

• 08/31/82 — Several rounds of gunfire were heard in the vicinity of the Parole and Probation building in Miami; the body of parole supervisor Bjorn Svenson was found in the parking lot.
• 08/24/82 — Several rounds of gunfire were shot through the front window of a home occupied by the two probation officers who had testified against Phillips.
• 01/04/83 — Phillips was indicted for First-Degree Murder.
• 12/16/83 — Jury returned guilty verdicts on all counts and recommended death by a vote of 7-5.
• 02/01/84 — Sentenced to death for Count I: First-Degree Murder; death recommended by a vote of 7-5.
• 12/10/87 — Execution was scheduled for Phillips.
• 11/04/87 — Phillips filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 11/19/87 — Petition for Writ of Habeas Corpus was denied.
• 09/15/88 — Evidentiary hearing was held on the 3.850 motion.
• 02/13/89 — Trial court denied the 3.850 motion.
• 02/27/90 — Phillips filed a 3.850 Appeal to the Florida Supreme Court.
• 03/24/93 — Phillips filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 06/21/93 — United States Supreme Court denied certiorari.
• 05/19/94 — Phillips filed a Direct Appeal for resentencing to the Florida Supreme Court.
• 04/20/94 — Phillips was resentenced to death.
• 09/25/97 — Florida Supreme Court affirmed the resentencing death sentence.
• 06/23/98 — Phillips filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 10/05/98 — United States Supreme Court denied certiorari.
• 12/02/99 — Phillips filed a 3.850 Motion to the Circuit Court.
• 09/26/00 — 3.850 Motion to the Circuit Court was denied.
• 10/30/00 — Phillips filed a 3.850 Appeal to the Florida Supreme Court.
• 10/14/04 — 3.850 appeal was affirmed; Petition for Writ of Habeas Corpus was denied; State’s motion to dismiss regarding the 3.850 motion was granted.
• 07/20/01 — Phillips filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 10/28/04 — Phillips filed a motion for a rehearing.
• 12/21/04 — Phillips filed a 3.850 Appeal to the Florida Supreme Court.
• 12/23/04 — Rehearing was denied regarding the 3.850 motion.
• 01/27/05 — Motion for a rehearing was denied.
• 02/14/05 — A mandate was issued.
• 05/27/05 — Phillips’s case was relinquished to the Circuit Court to determine mental retardation.
• 02/12/06 — Evidentiary hearing on the mental retardation claim was held.
• 05/05/06 — Circuit Court denied the mental retardation claim.
• 06/12/06 — Phillips filed a 3.203 Appeal to the Florida Supreme Court.

Other details

Case information

• Date of birth (DOB): 04/21/45
• Date of offence: 08/31/82
• Date of sentence: 02/01/84
• Date of resentence: 04/20/94
• Eleventh Judicial Circuit, Dade County
• Case#: 83-435
• DC#: 008035

Sentencing judge and counsel

• Sentencing Judge: The Honorable Arthur I. Snyder
• Attorney, Trial: Ronald Guralnick – Special Assistant Public Defender
• Attorney, Direct Appeal: Eric William Hendon
• Collateral Appeals: William Hennis, III – CCRC-S

Court proceedings and identifiers mentioned

• Florida Supreme Court opinion 75598
• opinion 83731
• opinion SC00-2248 & SC01-1460
• opinion SC06-2554

Additional procedural notes

• During Phillips’ 3.850 Appeal with the Florida Supreme Court (filed on 12/21/04), the Court relinquished the case back to the Circuit Court on 05